Legal views – Page 68
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CommentAvoiding delays on projects: New CIOB contract
A contract aimed at reducing the factors that lead to costly delays is very much written for modern times - now is your chance to have your say
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CommentTony Bingham: Disputes before payment date
Here’s a recent dispute over payment that was deemed to have crystallised even though the payment date had not been reached
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CommentSite investigations: Don't get stuck on shaky ground
A site purchased for development may already have a geotechnical and environmental report attached. But will it offer the developer enough protection?
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CommentThe impact of the Construction Act six months on
The amended Construction Act has been in effect for over six months. What impact has it had on contracts and what redress does it offer if things go wrong?
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CommentLOGIC contracts: Solving the puzzle
A new contract from the oil and gas industry is set to become more common in the building sector as offshore work increases - but many of its provisions will be familiar
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CommentBest endeavours clauses: When your 'best' is put to the test
Best endeavours clauses sound fair enough until the contractor finds that sticking to them could leave it out of pocket
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CommentIn defence of imperfect Design and Build
Points made in a recent attack on design and build could have been applied to any procurement route - and failed to recognise the many good things that D&B brings to the table
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CommentPrivileged position: How claims consultants can protect themselves from disclosure
Claims consultants may not have the same legal professional privilege as practicing lawyers, but they can explore another route to protect themselves from disclosure
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CommentWhen judges let rip: Obliterated by obsession
The amusingly acerbic judgment from a Canadian case offers a darker reminder of what happens when reason fails
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CommentEPCM: Win-win procurement
Engineering procurement and construction management is widely used abroad. Is it time for UK companies to look at how they can benefit from this model?
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CommentThe bad side of good faith clauses
‘Good faith’ clauses might sound like a bit of modern touchy-feeliness, but they carry a real sting if you fail to heed them
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CommentCauses and loss: Pegasus vs Ernst & Young
A case against Ernst & Young sheds fresh light on an old chestnut - whether the new owner of transferred assets can sue for its predecessor’s alleged losses
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CommentNEC contracts: Don’t look back in anger
Engaging in retrospective re-evaluations of contractual terms undermines the forward-looking and co-operative nature of the NEC
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Comment20 years in dispute: The antique road show
Nothing moves as slowly as the law - a dispute dating from 1991 is back in court and the arguments haven’t moved on an inch. Unlike the costs
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CommentThe Building Information Modelling minefield: Bimming hell!
Rightly, we’re all getting excited over Building Information Modelling, but if you don’t get your head around some of the contractual implications, things could get heated
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CommentNew asbestos regulations: Legal points to remember
Contractors dealing with non-licensed work will have to give asbestos regulations a little more thought after the changes from 6 April
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CommentFeed-in tariff timetable: Compensation for firms
We all know the government’s timetable for cuts to the solar feed-in tariff was illegal but how do those who suffered from the over-hasty announcement go about getting compensation?
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CommentRights of light: CIP Property Ltd vs Transport for London
A recent case involving a future Crossrail site demonstrates that you can’t start legal proceedings over a potential rights of light claim too early
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CommentNoise-related disputes: Sound reasoning
Arguments over noise are becoming increasingly common as urban areas get ever more congested, but the solutions to the problem are far from straightforward
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CommentLegal professional privilege: Careful who you trust
Your dealings with a consultant are only secret if that consultant is a solicitor or barrister - whether you like it or not